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DRAFT 4.5.2022 38. Conflict of Interests; Representatives Not Individually Liable. No officer, official, or employee of the Authority shall have any personal financial interest, direct or indirect, in this Agreement, nor shall any such officer, official, or employee participate in any decision relating to the Agreement which affects his or her personal financial interests, directly or indirectly. No officer, official, or employee of the Authority shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach or for any amount which may become due or on any obligation under the terms of this Agreement. 39. Provisions Not Merged With Deed. None of the provisions of this Agreement is intended to or shall be merged by reason of delivery of the Property Deed and the Property Deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 40. Agreement to Run with Land; Release. This Agreement may be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the Authority expressly so releases the Developer in writing. Following the issuance of a certificate of occupancy, and at the written request of the Developer, a lender or a party purchasing any portion of the Property, the Authority agrees to execute a certification in writing releasing the Property from the Developer's obligations under this Agreement. Such certification shall not release the Property from any ongoing obligations regarding the Property. 41. Notices and Demands. Except as otherwise expressly provided in this Agreement, any notice, demand, or other communication under the Agreement or any related document by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified United States mail, postage prepaid, return receipt requested, or delivered personally to: (a) (b) in the case of the Authority: 2401 Mounds View Boulevard Mounds View, MN 55112 Attn: City Administrator with a copy to: Kennedy & Graven, Chartered 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 Attn: Scott J. Riggs in the case of the Developer: Sabry Sharara [or the corporate entity] Attn: Sabry Sharara or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 41. 18 DOCSOPEN\MU205\53\788760.v5-4/5/22